Texas Jurisprudence Exam
Texas Jurisprudence Exam Questions
(Chapters 1-4) Containing 551 Terms
with Definitive Solutions 2024-2025.
Can a patient successfully sue a doctor if there is no physician-patient
relationship? - Answer: No.
If there is no prior physician-patient relationship, are you legally obliged to
respond to a call from a patient for treatment? - Answer: No
, Texas Jurisprudence Exam
Does being on call give rise to a physician-patient relationship? - Answer: No
How can one terminate a physician-patient relationship, without abandonment if
there is ongoing treatment? - Answer: 30 days written notice; must provide for
emergency
Does a physician's duty extend to the unborn child or potential victims of an ill
patient? - Answer: Yes
What is "proximate cause"? - Answer: Prove that negligence caused harm and
that the cause was not too remote; what is required to hold a defendant liable in a
civil lawsuit
What are the two components of proximate cause? - Answer: Cause-in-fact (but-
for test) and foreseeability
Does an expert witness have to be actively practicing medicine? - Answer: Yes
Does an expert witness have to know standards of care? - Answer: Yes
Does an expert witness have to have enough training to express an opinion on
whether standard of care was provided? - Answer: Yes
Does an expert witness have to be board certified? - Answer: No, board certified
or eqivalent
, Texas Jurisprudence Exam
In a medical malpractice case, are expert witnesses required? - Answer: Yes, with
two exceptions
In a medical malpractice setting, what 2 instances do not need expert testimony? -
Answer: Res ipsa loquitur (e.g., amputation of wrong leg) and negligence per se (a
law was broken)
What are "exemplary damages"? - Answer: Damages above compensatory
designed to punish the defendant and deter the behavior
Is there a cap to noneconomic damages? How much? - Answer: $250,000 for
physicians, $500,000 for hospitals
Does the cap on noneconomic damage depend on the number of defendants or
claimants? - Answer: No
What is "proportional responsibility"? - Answer: Percentage of liability
apportioned according to percentage of fault
Can the claimant have part of the proportional responsibility? - Answer: Yes
If the claimant's proportionate responsibility is more than what %, he/she may not
recover damages? - Answer: If > 50%, no damages awarded
, Texas Jurisprudence Exam
How long is the statute of limitations for adults? For minors? - Answer: 2 years;
for minors 2 years after becoming 18 years of age
By how much can the statute of limitations be extended and how? - Answer: File
complaint—extra 60-day, notice letter extends statute by 75 days
What is the statute of limitations for wrongful death? - Answer: 2 years
What is the discovery rule? Give examples. - Answer: Statute does not begin until
damage is discovered. For example, a retained sponge that is found 3 years post-
op
Is there immunity from civil action in emergency cases? - Answer: Yes, except
gross negligence
Is there immunity from civil action in volunteer care? - Answer: Yes, except gross
negligence
When can a physician be charged with "assault and battery"? - Answer: Un-
consented surgery or examination or when exceeding the scope of the consent
When can a physician be charged with patient abandonment? - Answer: Unilateral
cessation of treatment when continued treatment is necessary
Texas Jurisprudence Exam Questions
(Chapters 1-4) Containing 551 Terms
with Definitive Solutions 2024-2025.
Can a patient successfully sue a doctor if there is no physician-patient
relationship? - Answer: No.
If there is no prior physician-patient relationship, are you legally obliged to
respond to a call from a patient for treatment? - Answer: No
, Texas Jurisprudence Exam
Does being on call give rise to a physician-patient relationship? - Answer: No
How can one terminate a physician-patient relationship, without abandonment if
there is ongoing treatment? - Answer: 30 days written notice; must provide for
emergency
Does a physician's duty extend to the unborn child or potential victims of an ill
patient? - Answer: Yes
What is "proximate cause"? - Answer: Prove that negligence caused harm and
that the cause was not too remote; what is required to hold a defendant liable in a
civil lawsuit
What are the two components of proximate cause? - Answer: Cause-in-fact (but-
for test) and foreseeability
Does an expert witness have to be actively practicing medicine? - Answer: Yes
Does an expert witness have to know standards of care? - Answer: Yes
Does an expert witness have to have enough training to express an opinion on
whether standard of care was provided? - Answer: Yes
Does an expert witness have to be board certified? - Answer: No, board certified
or eqivalent
, Texas Jurisprudence Exam
In a medical malpractice case, are expert witnesses required? - Answer: Yes, with
two exceptions
In a medical malpractice setting, what 2 instances do not need expert testimony? -
Answer: Res ipsa loquitur (e.g., amputation of wrong leg) and negligence per se (a
law was broken)
What are "exemplary damages"? - Answer: Damages above compensatory
designed to punish the defendant and deter the behavior
Is there a cap to noneconomic damages? How much? - Answer: $250,000 for
physicians, $500,000 for hospitals
Does the cap on noneconomic damage depend on the number of defendants or
claimants? - Answer: No
What is "proportional responsibility"? - Answer: Percentage of liability
apportioned according to percentage of fault
Can the claimant have part of the proportional responsibility? - Answer: Yes
If the claimant's proportionate responsibility is more than what %, he/she may not
recover damages? - Answer: If > 50%, no damages awarded
, Texas Jurisprudence Exam
How long is the statute of limitations for adults? For minors? - Answer: 2 years;
for minors 2 years after becoming 18 years of age
By how much can the statute of limitations be extended and how? - Answer: File
complaint—extra 60-day, notice letter extends statute by 75 days
What is the statute of limitations for wrongful death? - Answer: 2 years
What is the discovery rule? Give examples. - Answer: Statute does not begin until
damage is discovered. For example, a retained sponge that is found 3 years post-
op
Is there immunity from civil action in emergency cases? - Answer: Yes, except
gross negligence
Is there immunity from civil action in volunteer care? - Answer: Yes, except gross
negligence
When can a physician be charged with "assault and battery"? - Answer: Un-
consented surgery or examination or when exceeding the scope of the consent
When can a physician be charged with patient abandonment? - Answer: Unilateral
cessation of treatment when continued treatment is necessary
